It is not uncommon for businesses to start operating before the change of building use is completed. A wedding hall buffet in Daejeon was closed down due to this issue and the administrative appeal was also rejected. Although a suspension of execution was accepted and the business continued for a while, the suspension of execution will end if the case is lost in the main trial. This is something to check for businesses that have already set up their opening schedule.
1. Daejeon Wedding Hall Buffet Case, Re-Decision on September 28
Decision: September 28, 2026 (Monday), Administrative Appeal Committee of Daejeon Metropolitan City, Claim Rejected
Facts (Based on Reporting)
- The building in question received a building permit for a performance hall and was in the process of changing its use to a wedding hall.
- It began wedding hall operations before the change of use and usage approval were completed, and the buffet restaurant inside served food to guests without a general restaurant business registration.
- Daejeon Seo-gu issued a business closure order for the general restaurant, and the wedding hall side argued abuse of discretion, claiming “we are working to obtain a building permit and there is harm to newlywed couples.”
Judgment: The committee found that even if the claimant had other circumstances, the order could not be revoked because operating a business without registration is inherently illegal.
Source: News1 · Wedding Hall Buffet Restaurant Administrative Appeal Rejected, Chungcheong Newspaper · Claim to Revoke Closure Order of Wedding Hall Buffet Rejected
2. Suspension of Execution Granted, but Within 30 Days of Decision
The wedding hall side applied for a suspension of execution along with an administrative appeal, and the committee accepted it before a decision on the merits. It considered the possibility of harm to many users who had already reserved the wedding, etc. However, the effect of the suspension was limited to 30 days from the date of the decision on the merits. Since the main case was dismissed, the district office can proceed with the closure procedure after this period expires.
Points to Note in Practice
- Even if an administrative appeal is filed, the effect of the administrative action does not stop (Article 30(1) of the Administrative Appeal Act). To continue operations, you must separately apply for a suspension of execution.
- A suspension of execution is granted only when there is an urgent need to prevent substantial damages, and is not allowed if it is likely to have a substantial impact on public welfare (Article 30(2) and (3) of the same Act).
- Even if a suspension of execution is granted, it expires if you lose in the main case. The suspension of execution period should be used to rectify the unlawful situation.
3. Basis for Closure Order for Unregistered Business and Order to Check in Advance
Basis: Article 79 of the Food Hygiene Act allows for the removal of signs and other business identifiers, the posting of notices indicating that the business is not compliant, and the sealing of facilities and equipment in cases where a business operates without a permit, registration, or notification. Prior to taking action, a written notification must be provided (except in cases of urgent circumstances), and the action must be limited to the minimum necessary to prevent business operations.
Scope of Impact: Businesses with food and beverage spaces within banquet halls, celebration halls, performance venues, and sports facilities; businesses that set opening schedules while building use change or usage approval procedures are in progress.
Preparations
- General restaurant business registration is only accepted if the building use is correct. Set your schedule in the order of Completion of Use Change/Usage Approval → Business Registration → Business Opening.
- Businesses that take reservations should set their opening date with some leeway to prepare for potential delays in the usage approval schedule.
- If you receive advance notification of a closure order, submit a corrective plan and documentation of ongoing procedures within the submission deadline, and if a decision is made, consider an administrative appeal and suspension of execution (stay).
Administrative Agent (Administrative Scrivener) Office Services
Hwang Yunsang Administrative Agent (Administrative Scrivener) Office prepares and files/submits application documents for general restaurant business registration and building use change in Songdo, Incheon. Regarding closure and business suspension orders, we handle the preparation and filing of opinion submission documents, administrative appeal petitions, and suspension of execution (stay) applications.
Summary
- The Daejeon Administrative Appeals Committee rejected the request to revoke the business closure order for an unregistered buffet on September 28.
- While the suspension of execution (stay) was granted, its effect lasts only until 30 days from the date of the decision, so the closure procedure may proceed thereafter.
- Operating a business before use change and usage approval are completed may be subject to Article 79 of the Food Hygiene Act, which allows for closure orders, so please follow the proper sequence for opening.
This article is an administrative trends guide compiled by the Hwang Yunsang administrative agent office based on publicly available information. Whether it applies to individual cases requires verification with the relevant authority.